Written by Corie J. Anderson - Peters, Revnew, Kappenman & Anderson, P.A.
Minnesota Legalizes Recreational Cannabis (Marijuana)
Certainly this is one that everyone in Minnesota is talking about, so how can I not write about it? In the words of our very own Bob Dylan…the times, they are a-changin’! Effective August 1, 2023, cannabis (marijuana), will be a lawful consumable product for all (not just medical marijuana). You can find the law here. Notably, what many employers do not know, is that Minnesota has a Lawful Consumable Product Act that prohibits employers from disallowing employees to consume lawful products outside of work hours. While it was intended for alcohol and nicotine back in the day, it is now certainly inclusive of cannabis.
Under the new law, employers are prohibited from refusing to hire a job applicant or discharge or discipline an employee who uses cannabis outside of work. Employers can still prohibit the use, impairment, or possession of cannabis during work hours, while on-site, or when operating company vehicles, machinery, or equipment. Employers may establish written work rules regarding cannabis (i.e., add this to your zero-tolerance policy) and may take disciplinary action against employees who violate these policies.
The legalization of cannabis also impacts Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA), which is already one of the most employee-friendly in the nation. Cannabis is no longer included in the definition...
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